Opinion
CASE NO. 1:08cv100-SPM/AK.
September 23, 2008
ORDER
THIS CAUSE comes before the Court upon the Magistrate Judge's report and recommendation (doc. 8) dated August 29, 2008. Plaintiff was furnished a copy and filed an objection (doc. 9). Pursuant to Title 28, United States Code, Section 636(b)(1), I find that the report and recommendation should be adopted.
As explained to Plaintiff in the Magistrate Judge's order (doc. 5) dated August 8, 2008, claims under 42 U.S.C. § 1983 are available only against defendants who act under color or state law. Plaintiff makes no allegations to show that defendants, Bailey Industries, Inc. and Amerisure Mutual Insurance, acted under color of state law. Accordingly it is
ORDERED AND ADJUDGED:
1. The report and recommendation (doc. 8) is adopted and incorporated by reference in this order.
2. This case is dismissed for failure to state a claim upon which relief may be granted.
DONE AND ORDERED.